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Home My WebLink About19-Police Department , . . . - CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Police , , .1.. Subject: Resolution of the City of San Bernardino authorizing the execution of an agreement with The Bureau of Alcohol, Tobacco, and Firearms and the San Bernardino Police Department regarding the Southern California Regional Crime Gun Center. From: Garrett W. Zimmon Chief of Police "" . ! i "'.,... , Date: September 24, 2002 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution lJrW.Jb~ Signature Contact person: Rogp.r POY7p.r Phone: 3R4-fiR4R Supporting data attached: yes Ward: all FUNDING REQUIREMENTS: Amount: none Source: (Accl. No.) (Ar.r.t np.!':r.ription) Finance: Council Notes: ~:ED~ 7t{JZ-?'?' 9 I oJii/-b}" Agenda Item No. ~ ,./ . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the City of San Bernardino authorizing the execution of an agreement with the Bureau of Alcohol, Tobacco, and Firearms and the San Bernardino Police Department regarding the Southern California Regional Crime Gun Center. Background: The Bureau of Alcohol, Tobacco, and Firearms (ATF) developed the Regional Crime Gun Centers (RCGC) to partnership with local law enforcement agencies. RCGC focuses on the need to trace every firearm recovered in a particular jurisdiction and to collect and analyze data pertaining to the weapons. RCGC' s purpose is to identifY firearm trafficking trends, patterns, and perpetrators in an effort to reduce violent crimes. RCGC seeks to accomplish their purpose through the use oftechnology to enhance gun trace capabilities. The San Bernardino Police Department has been offered the opportunity to join the Southern California Regional Crime Gun Center (SCRCGC). ATF will provide all necessary computer hardware and software to participate. Participation in SCRCGC will provide the San Bernardino Police Department with statewide gun trace analysis and follow-up analysis of firearm incidents through computer mapping of firearm traces, sales, and seizures. ATF has agreed to provide the police department a computer and Electronic Trace Submission System (ETSS) software, at no cost, to participants in SCRCGC. ATF requires that the police department enter into an agreement to formalize the relationship between the two agencies. The agreement covers policies and procedures, utilization of resources, and planning/training. SCRCGC will provide the police department with the capability of entering firearm trace data information and to analyze that data in an effort to identifY illegal firearm traffickers and their sources in the City and all regions nationwide that are participating in RCGC agreements. Financial Impact: No cost to the city. Recommendation: Adopt Resolution e1 2 e25 I RESOLUTION NO. /,-~> i--;::::~-"\ '\\ i \ / l, LJ 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH EXECUTION OF AN AGREEMENT WITH THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND THE SAN BERNARDINO POLICE DEPARTMEN REGARDING THE SOUTHERN CALIFORNIA REGIONAL CRIME GUN CENTER. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 Section 1. The Mayor of the City of San Bernardino is hereby authorized and directe 7 8 to execute on behalf of said City an agreement with The Bureau of Alcohol, Tobacco, an Firearms (A TF) to participate in the Southern California Regional Crime Gun Center (SCRCGC 9 copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference a 22 23 24 BCL:S:\Council\A TF reso.doc 6 on the day of 7 Council Members: AYES 8 ESTRADA 9 LIEN 10 MCGINNIS 11 DERRY 12 SUAREZ e13 ANDERSON 14 MCCAMMACK 15 16 e1 2 25 e RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH EXECUTION OF AN AGREEMENT WITH THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND THE SAN BERNARDINO POLICE DEPARTMEN REGARDING THE SOUTHERN CALIFORNIA REGIONAL CRIME GUN CENTER. 3 4 I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 Common Council of the City of San Bernardino at a meeting thereof, hel , 2002, by the following vote, to wit: NAYS ABSENT ABSTAIN CITY CLERK 17 The forgoing Resolution is hereby approved this _ day of ,2002. 18 19 Judith Valles, Mayor City of San Bernardino 20 21 Approved as to form and legal content: 22 JAMES F. PENMAN, 23 City Attorney 24 BCL:S:\Council\A TF reso.doc e e e MEMORANDUM OF AGREEMENT BETWEEN THE BUREAU OF ALCOHOL, TOBACCO and FIREARMS AND SAN BERNARDINO POLICE DEPARTMENT FOR THE REGIONAL CRIME GUN CENTER This Memorandum of Agreement (MOA) is hereby entered into by the Department of Treasury, Bureau of Alcohol, Tobacco and Firearms (hereinafter referred to as "the ATF") and the San Bernardino Police Department (hereinafter referred to as "SBPD") and collectively referred to as "the parties' to agree that it is to their mutual benefit to cooperate in eliminating the illegal flow of firearms through enforcement efforts involving the investigation and prosecution of illegal firearms traffickers and through analysis of data to determine the firearms trafficking trends and patterns, and develop law enforcement strategies to stem the flow of illegal firearms. BACKGROUND: The A TF developed the Regional Crime Gun Center (RCGC) in partnership with the local law enforcement agencies. The RCGC's will focus on the need to trace every firearm recovered in a particular jurisdiction to collect and analyze all data pertaining to the recovered weapons to discern trafficking trends, patterns and perpetrators and to initiate law enforcement strategies to reduce violent crime. PURPOSE: This MOA will formalize relationships between the participating agencies with regard to policy and procedures, utilization of resources, and planning/training in order to maximize interagency cooperation and coordination. OBJECTIVES: The nationwide RCGC program has four basic inter-related objectives that will apply in each site: 1) working with U.S. Attorneys and State/local prosecutors to intensify ATF and local police efforts to investigate and incarcerate individuals who illegally traffic in firearms to young people and ensure those arrested are prosecuted in the appropriate venue, which shall be determined on a case-by-case basis. 2) to ensure local police departments trace all crime guns recovered, and in particular, those firearms taken from youth. 3) to combine the efforts of ATF special agents, local police and National Institute of Justice (NIJ) researchers to develop new methods of mapping illegal firearms trafficking patterns and practices, especially as this relates to the illegal trafficking of firearms to youth. 4) to provide more A TF support for State and local enforcement efforts aimed at intervening in the illegal local youth firearms market. e e e 2 CONDITIONS AND PROCEDURES: . A TF agrees to furnish an A TF owned computer to the San Bernardino Police Department. The SBPD agrees and acknowledges that this equipment shall remain the property of ATF and the U.S. Government, unless otherwise specified. . The SBPD agrees to assume the cost of replacement or repair of A TF owned equipment, in the event of unauthorized movement, alteration, damage or destruction caused by its employees, contractors, or any other person under its control. . A TF retains the right to remove A TF owned equipment upon (1) receipt of written notification of the termination of participation in the YCGII by the SBPD; (2) termination of the YCGII program by A TF, or (3) the cancellation of this MOA by A TF. If the A TF owned equipment will be removed from the SBPD, written notice of the removal will be provided by A TF not less than 10 business days to the actual removal of the equipment. . A TF and the SBPD acknowledge their understanding that the operations described in this MOA are subject to audit by A TF; the U.S. Department of the Treasury, Office of Inspector General; the General Accounting Office; and other auditors designated by the U.S. Government. Such audits may include reviews of any and all records, documents, reports, accounts, invoices, receipts, or other evidence. . The parties agree that premature disclosure of certain firearms trace information can reasonably be expected to interfere with pending or prospective law enforcement proceedings. This law enforcement sensitive information includes data that can link a traced firearm to: the location of a crime; the Federal firearms licensee; retail purchaser or possessor of a traced firearm; or to firearms trafficking patterns involving a traced firearm. It is agreed that the law enforcement sensitive firearms trace information generated pursuant to this MOA shall not be disclosed to a third party without the consent of both parties of this MOA. . The parties agree that a 'crime gun' is defined as "any firearm that is illegally possessed, used in a crime, taken into police custody, or suspected by law enforcement officials of having been used in a crime". . The parties agree that A TF-RCGC will be designated as the central recipient of all information relating to crime guns recovered in the City of San Bernardino. The ATF- RCGC will ensure the firearms taken into custody by the SBPD are traced by ATF and the results of the traces provided to the SBPD. The SBPD will also make every effort to provide complete information to include recovery location, possessor information and ownership to facilitate and assist in the investigation, apprehension and prosecution of violent criminals to facilitate the Youth Crime Gun Interdiction Initiative (YCGII). In reporting the recovery of crime guns to the California Department of Justice as required by California Penal Code Section 111 08.3(a), the SBPD will include the fact that it has provided the information to A TF for tracing through the RCGC. . The parties agree that the ATF-RCGC will be physically located in the ATF office located at 888 South Figueroa Street, Suite 1170, Los Angeles, CA 90017. ATF will incur all costs associated with the development, operation and maintenance to include e e e 3 consumable supplies, communications costs, travel expenses and training expenses of the office where the ATF-RCGC will be located. . The parties agree to share all reports, including arrest reports, ballistics reports and incident reports relating to the recovery of crime guns including those involving juveniles. The parties further agree to share any and all intelligence information and leads generated by ATF-RCGC and the SBPD. . The parties further agree to meet on a recurring basis, ideally quarterly, to discuss the operational function of the A TF-RCGC in order to evaluate strategic plans, criminal enforcement initiatives and regulatory enforcement efforts. . A TF-RCGC agrees to provide the SBPD with any mapping or firearms query information in a report 4 times per year. . The parties agree that all reports and press releases relating to the A TF-RCGC and its activities or investigations will be issued in the name of all participating agencies, not by an individual agency. CONCLUSION It is the intent of the signatories that this MOA ensures coordination, cooperation and the mutual conduct of enforcement and research activities. The result of this mutual cooperation and coordination will be the successful prosecution of illegal firearms in State and Federal jurisdictions as well as the development of an accurate picture of the illegal youth firearms market and the development of new strategies to effectively interrupt this market and impact on the rate of juvenile related firearms violence. The research findings will be published at the conclusion of this initiative for the benefit of all law enforcement. Parties to this MOA may terminate their participation at any time upon written notification of their intent to withdraw to all other parties in the MOA. At such time that other Federal government resources may become available, a new MOA will be initiated. In witness whereof, the parties have hereunto executed this MOA. ~ f2 ,~u:J Donald R Kincaid Special Agent in Charge Los Angeles Field Division Bureau of Alcohol, Tobacco & Firearms r-2~-Oi- Date Date Garrett W. Zimmon Chief San Bernardino Police Department Judith Valles Mayor City of San Bernardino Date '. ... CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: October 29, 2002 TO: Rachel May, Secretary FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2002-339 At the Mayor and Common Council meeting of October 21, 2002, the City of San Bernardino adopted Resolution 2002-339 - Resolution authorizing the execution of an agreement with the Bureau of Alcohol, Tobacco, and Firearms and the San Bernardino Police Department regarding the Southern California Regional Crime Gun Center. Enclosed is one (I) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby ac owledge receipt ofthe above mentioned documents. Signed: II-&' ------- Please sign and return Date: ~~.", ... ......."h'1:"..h:<~.re~.>>:""',.'r . ,"',i."'" - "Y'~.__<'~..' ",>-,,,,,:,'''1. ,~,.".,...,..., ~._~, . ,If' . _ ,""'~ V'W~; ~"" .... r;n>"". ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ICVZ[-()L Item # Vote: Ayes 113- 'I Nays.e Change to motion to amend original documents: \ q Resolution # ZOO 2- - ~3'1 Abstain ..f!t-) Absent 2~ Reso. # On Attachments: L.- Contract term: - Note on Resolution of Attachment stored separately: :::::.---. Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: \o-Z.3-o?- Date of Mayor's Signature: !e - )q -(1 d- Date of ClerklCDC Signature: 10- ?-'\--G.;)- NullNoid After: - By: - Reso, Log Updated: V Seal Impressed: V 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: / Date Returned: t/~,;)- See Attached: See Attached: Date Memo/Letter Sent for Signature: b " ,?q.O 'r Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney ,/' Parks & Rec. Code Compliance Dev. Services Police / Public Services Water Notes: Yes ./ No By Yes No~ By Yes No ---1L By Yes NO-?, By Yes No B EDA Finance MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: I/~f-().r Revised 01112/01